It is usual to hear politicians slip up. We can't all be perfect when every one of our words is intensely searched through by the public and the media.
But this is something different. You don't hear Todd Akin or Lindsey Graham saying this.
Florida State Senator Don Gaetz sent a letter to noted Constitutionalist KrisAnne Hall advising her that he agrees with Andrew Jackson when he said:
"Shoot the first nullifier that touches the Flag. And hang the rest."
That's enough, Senator. You've just set the constitutionalists on fire.
The Constitution gives power to the states to assert certain laws are unConstitutional, or to have whatever powers are not granted to the Federal Government. People who support this do not need to be "shot" or "hanged."
14th Amendment, Section III:
"No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."
Sen. Gaetz should never be able to hold office again, for comforting the enemies of the Constitution.
Nullification of unConstitutional legislation is our right.
It's time to demand an apology from Sen. Gaetz for his ridiculous statement.
Call his office at (850)-897-5747 and DEMAND, politely and civilly, he retract his statement.
Sen. Gaetz needs to be reminded what his Oath is. His Oath is to defend our rights against all enemies, foreign and domestic….not to aid and abet them by discrediting those who stand up for the Constitution.
More information here: http://freedomoutpost.com/2012/12/fl-senate-president-laughs-at-constitutionalist-calls-for-nullifiers-to-be-shot-hung/
Sen. Gaetz Failing in his Duty?
Sen. Gaetz, like so many of our federal and state legislators, is apparently ignorant of the Constitution, his duty to the Constitution and history asindicated by his reference to Andrew Jackson’s statement on “nullification.”
Andrew Jackson made the statement “"Shoot the first nullifier that touches the Flag. And hang the rest…" in the context of a case of faux-nullification proposed by John C. Calhoun of South Carolina who opposed a federal tariff supported by Jackson. Calhoun concocted a version of true nullification whereby a state had a right to nullify a federal law the state did not like. Calhoun’s concept included a voting by states to affirm or disaffirm such a federal law. This procedure was completely made of whole cloth.
As I recall he even invoked the Resolutions of 1798 and the name of either Jefferson or Madison. One or both Madison and Jefferson rebuked the states right to nullify a constitutional federal law as Calhoun proposed.
The “nullification” written about by Jefferson and Madison in 1798 was not a true nullification at all i.e., it did not invalidate a valid law, but rather recognized an unconstitutional law enacted by Congress was null from its inception. This is a principle that was recognized by Chief Justice John Marshal some 5 years later in Marbury v. Madison (1803).
This principle of nullity, as held by the Marshal Court, is in the Constitution at Article VI clause 2:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land
If a law Congress and the President attempt to enact is not in conformity with both the procedural and substantive requirements of the Constitution then it is ipso facto not “the supreme Law of the Land” i.e., it is null from its inception.
The next time someone tells you “nullification” is not in the Constitution refer them to Article VI Cl. 2. and Marbury v. Madison. Such is not based on the shadowy Tenth Amendment but primarily upon the Constitution proper.
Further, under Article VI clause 3 the officers of the states are bound by oath not to support, sponsor or enforce any law contrary to the Constitution. This is an affirmative active and personal duty (not a right) of such officers:
“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution.”
Also under the pre-constitutional principle of allegiance and protection the states are required to interpose themselves between anyone and anything that would threaten the fundamental rights of their citizens. This is the duty Madison referred to in his Resolves of 1798 and is also noted in the Declaration of Independence.
Another requirement implicit under Article VI clause 3 is that legislative, judicial and executive officers have a working knowledge of the Constitution. This is perhaps their most fundamental requirement to be qualified to hold office. If they do not possess such their oath of office is a solemn mockery and perjury.
Apparently Sen. Gaetz does not possess this qualification.
Richard D. Fry
Thank you for your work and speaking out, sir.
I would love to hear you on a popular talk show/radio show like Coast to Coast or the Alex Jones Show to help educate people. It seems like the public hears a lot about why it's okay or neccessary to violate the constituion instead of amending it but they never hear the about how illegal and how destructive this is to a free society.
Thanks to Richard Fry for his very, very good response to this.
The problem I have with not just this article, but the attitude of Congress and the public, is this statement:
"Sen. Gaetz should never be able to hold office again, for comforting the enemies of the Constitution."
The problem is that when you aid enemies of the Constitution, you are levying war against the states, and as far as I can tell Congress has the DUTY to hear testimony affirming that Gaetz has committed such treason and then he can be subject to the very punishment he advocates for constitutionalists.
It only takes the will of Congress and the people to hear two people testify to this. I say that if we want to change this, we need to get serious about holding these guys accountable. They're serious about levying war on us, so we need to be serious about the penalty for such actions.